HomeMy WebLinkAbout2011-09-06 - AFSCME, AFL-CIO Local 846-W - Collective Bargaining Agreements (2)Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
COLLECTIVE BARGAINING
AGREEMENT
Between
CITY OF EAST WENATCHEE
And
WASHINGTON STATE COUNCIL
OF COUNTY 8 CITY EMPLOYEES,
AFSCME, AFL-CIO,
LOCAL 846-W
January 1, 2011
through
December 31, 2013
ORIGINAL
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
Table of Contents
ARTICLE PAGE
1
PREAMBLE.................................................................................................................
3
2
RECOGNITION...........................................................................................................
3
3
PURPOSE...................................................................................................................
3
4
UNION SECURITY......................................................................................................
3
5
MANAGEMENT RIGHTS............................................................................................
4
6
SUB -CONTRACTING OF PUBLIC WORKS...............................................................
4
7
DEFINITIONS..............................................................................................................
4
8
NON-DISCRIMINATION................................................................ ..........................
7
9
DUES CHECK OFF.....................................................................................................
7
10
GRIEVANCE PROCEDURE.......................................................................................
7
11
SENIORITY AND LAYOFF PROCEDURES..............................................................
9
12
JOB POSTING............................................................................................................
10
13
HOURS OF WORK.....................................................................................................
11
13.1 Work Schedule/Shifts................................................................................. 11
13.2 Workday......................................................................................................11
13.3 Workweek...................................................................................................
11
13.4 Adjustment of Working Hours.....................................................................
11
13.5 Temporary Shift Changes...........................................................................
12
13.6 Rest Period.................................................................................................
12
13.7 Personal Clean -Up Time............................................................................
12
13.8 Call Back.....................................................................................................
12
14
OVERTIME PAY.........................................................................................................
12
15
ADMINISTRATIVE POLICY —SALARIES ..................................................................
13
15.1 Payment of Salaries....................................................................................
13
15.2 Salary Schedules........................................................................................
13
15.3 Administration of Salaries...........................................................................
13
15.4 Salary Rate Upon Initial Employment.........................................................
14
15.5 Salary Steps...............................................................................................
14
15.6 Salary Rate Upon Promotion......................................................................
14
15.7 Salary Rate Upon Demotion.......................................................................
15
15.8 Job Classification Changes and New Positions .........................................
15
15.9 Wages.........................................................................................................15
16
SPECIAL COMPENSATION PROVISIONS...............................................................16
16.1 Salary When Working Out of Classification................................................
16
16.2 Longevity Pay.............................................................................................
16
16.3 Special Licenses, Certificates, etc..............................................................
16
16.4 Educational Incentive Pay..........................................................................
16
17
HOLIDAYS..................................................................................................................
17
17.3 Holiday Pay.................................................................................................
17
17.5 Weekend Holidays......................................................................................
17
18
VACATIONS................................................................................................................18
19
SICK LEAVE...............................................................................................................
19
20
ADJUSTMENT FOR WORKMEN'S COMPENSATION ..............................................
21
21
OTHER LEAVES.........................................................................................................22
21.1 Leave of Absence.......................................................................................
22
21.2 Military Leave..............................................................................................
22
21.3 Jury Duty.....................................................................................................
22
21.4 Educational Leave......................................................................................
22
21.5 Leave for Pregnancy Disability and Family Medical Leave ........................
22
1
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
TABLE OF CONTENTS Continued:
22
GENERAL PROVISIONS............................................................................................ 22
22.1 Union Business...........................................................................................22
22.2 Union Business Bulletin Board and E-Mail.................................................
23
22.3 Union Business Leave................................................................................
23
22.4 Union Stewards.......................................................................................... 23
22.5 New and Terminated Employees ...............................................................
23
22.6 Labor -Management Meetings.....................................................................
23
22.7 Printing of the Labor Agreement.................................................................
23
22.8 Uniforms and Protective Clothing...............................................................
23
22.9 On -Call Incentive........................................................................................ 24
22.10 Payment of Tuition......................................................................................
24
22.12 Progressive Discipline................................................................................
25
23
HEALTH AND WELFARE...........................................................................................
26
24
DRUG TESTING........................................................................................................
26
25
OUTSIDE EMPLOYMENT..........................................................................................
31
26
CONTRACTS WITH NEWS MEDIA...........................................................................
31
27
SUPPLEMENTAL AGREEMENT................................................................................
31
28
SAVINGS CLAUSE.....................................................................................................
32
29
ENTIRE AGREEMENT...............................................................................................
32
30
STRIKES AND LOCKOUTS.......................................................................................
32
31
DURATION OF AGREEMENT....................................................................................
33
APPENDIX "A„ _ 2011 PAY PLAN.............................................................................. 34
APPENDIX "B" — CITY STEP PLAN........................................................................... 35
APPENDIX "C" — MEMORANDUM OF AGREEMENT ............................................... 36
APPENDIX "E" — MEMORANDUM OF AGREEMENT ............................................... 37
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 1- PREAMBLE
THIS AGREEMENT is between the City of East Wenatchee ("City"), and the
Washington State Council of County and City Employees, Local 846-W, AFSCME, AFL-
CIO ("Union"). The purpose of this Agreement is to: promote harmonious relations
between the City and the Union; establish an equitable and peaceful procedure to
resolve differences; and establish rates of pay, hours of work and other conditions of
employment.
ARTICLE 2 - RECOGNITION
The City recognizes the Union as the sole and exclusive Bargaining Agent for the
purpose of establishing wages, benefits, hours of work, and other conditions of
employment for all regular full-time and part-time employees at City of East Wenatchee
as certified by the Public Employment Relations Commission (Case #22323-E-00-
3441), excluding Department Heads, Police Department Employees and confidential
employees.
ARTICLE 3 - PURPOSE
The City and the Union mutually agree to work together individually and collectively to
meet the production requirements of each department to provide the public with efficient
and courteous service, to encourage good attendance of employees, and to promote a
climate of labor relations that will aid in achieving a high level of efficiency in all
departments of City Government.
ARTICLE 4 - UNION SECURITY
Employees who are members of the Union during this Agreement shall maintain their
membership during the term of this Agreement. Employees presently or in the future
employed by the City covered by AFSCME Local 846-W shall be enrolled at the time of
hire; those who refuse to enroll will be dismissed from City employment.
Rights of non -association shall be protected as provided for in R.C.W. 41.56.122(1). As
per Union requirements, the Union shall represent probationary employees during the
probationary period except that newly hired probationary employees may be discharged
at any time without cause and without the right of appeal under the terms of this
contract.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 5 - MANAGEMENT RIGHTS
Unless otherwise provided by the terms of this Agreement, the City retains the exclusive
right to manage and operate the City. These rights include but are not limited to the
power, duty and right to: direct the work of employees; hire, promote, demote, transfer,
assign and retain employees; suspend or terminate employees; relieve employees of
duties because of lack of work or lack of funds; establish performance standards and
evaluate employees; determine and implement the methods, means, assignment,
classifications and personnel by which its operations are to be conducted; and to
initiate, prepare, modify and administer its budget. The City has the authority to adopt
rules for the operation of the City and conduct of its employees, provided such rules are
not in conflict with the provisions of this Agreement or with applicable law.
ARTICLE 6 - SUB -CONTRACTING OF PUBLIC WORK
In the event the City determines to reduce or eliminate bargaining unit positions in any
department, the City shall give the Union at least 60 days notice to negotiate. The
Union may elect to use fact-finding regarding the status of employees. The layoff
provisions of Article 11 shall apply in the event of displaced employees.
ARTICLE 7 - DEFINITIONS
7.1 "CITY" means the City of East Wenatchee.
7.2 "UNION" means Local 846-W, Washington State Council of County and City
Employees, AFSCME, AFL CIO.
7.3 "EMPLOYEE" means all reference to "employee" in this Agreement designating
both sexes.
7.4 "TEMPORARY EMPLOYEE" means a seasonal or temporary hire of no more
than six months in a 12 month period.
The City will not use temporary employees to supplant, avoid filling, or avoid
creating a regular position. If a temporary position becomes regular, the job shall
be posted as per the provisions of Article 12 of this agreement. The temporary
appointment may be extended with agreement of the Union.
7.5 "REGULAR PART-TIME EMPLOYEE" means employees who work less than
eight (8) hours a day and/or forty (40) hours a week on a regular basis. Those
benefits normally paid and/or provided to regular employees by the City will be
paid and/or provided to regular part-time employees on a prorated basis. For
example, a regular part-time employee who works 20 hours per week will receive
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
50% of the City paid benefits, and 100% mandated benefits per State and
Federal law.
7.6 "REGULAR EMPLOYEE" means an employee who has successfully completed
the probationary period and has had no break in service in a position established
as a regular position. Regular full-time employees are scheduled for 40 hours a
week on a regular basis.
7.7 "COURT EMPLOYEE" means an employee who works in the East Wenatchee
Municipal Court Department. The provisions set forth in this Agreement
unrelated to wages and benefits directly related to wages shall not apply to a
court employee. The City is under no obligation to process a grievance of a court
employee unrelated to matters involving wages and benefits directly related to
wages. The presiding judge of the East Wenatchee Municipal Court shall
determine the working conditions, hiring discipline, and termination procedures
applicable to court employees.
7.8 "PROBATIONARY PERIOD" means the completion of a six month trial period of
employment beginning with the effective date of hire or rehire in the City service.
Such probationary period may be extended beyond six months if there is mutual
agreement between the Union and the City that additional time is needed prior to
a decision as to the regular status of the employee.
Promotions, transfers, demotions or voluntary demotions to a position of less pay
will have a thirty (30) day trial period, after which the employee will either remain
in the position or return to their original position.
7.8.a Promotions to a management position from the bargaining unit will have a
trial period in accordance with Article 12.2, after which the employee will
either remain in the position or return to their original position.
7.9 "TRANSFER" means the voluntary movement of an employee from a classified
position to a related classification having the same pay grade when no promotion
or demotion is involved except when a transfer is City directed as an option in
lieu of layoff or termination, or temporary reassignment of duties not to exceed 60
days.
7.10 "PROMOTION" means progression to a higher position or classification of
service.
7.11 "DEMOTION" means the reduction of an employee to a lower position or
classification of service.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
7.12 DEPARTMENT DIRECTOR" means the individual responsible for one of the
following departments: Public Works, Community Development, Finance, Court,
and City Clerk.
7.13 APPENDIX" - All Appendixes to this agreement shall be considered part of this
agreement.
7.14 "FLEXIBLE WORKDAY" - Alternate hours of work or schedules from the
traditional work day requested by the City or employee, that still meets the need
of the City allows employees to vary their starting and ending hours while
requiring them to be present during hours set by the City, and provides a 40 hour
work week with notice to the Union.
7.15 "GRIEVANCE" means any dispute involving the interpretation, application or
alleged violation of any provision of this Agreement.
7.16 "IMMEDIATE FAMILY" includes only persons related by blood or marriage or
legal adoption in the degree of close relationship of wife, husband, parent,
grandparent, brother, sister, child, or grandchild of the employee, but not aunt,
uncle, cousin, niece or nephew unless living in the employee's household.
7.17 "UNION BUSINESS" includes contract negotiations, grievance hearings, labor —
management meetings and hearings before the Public Employment Relations
Commission.
7.18 "JUST CAUSE" includes, but is not limited to:
7.18.1
Conviction of a felony;
7.18.2
Sexual or other unlawful or unwelcome harassment or
discrimination;
7.18.3
Intentionally causing bodily harm to another employee;
7.18.4
Theft or vandalism of City property;
7.18.5
Falsification of City records;
7.18.6
Reporting to work under the influence of alcohol or illegal drugs;
7.18.7
Possession, distribution, sale, transfer, or use of alcohol or illegal
drug in the workplace;
7.18.8
Gross negligence or improper conduct leading to damage of City
owned property;
7.18.9
Gross insubordination;
7.18.10
Using threatening language.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 8 - NON-DISCRIMINATION
8.1 The City agrees not to discriminate against any employee on the basis of their
activity on behalf of, or for membership in, the Union. The Union recognizes its
responsibility as bargaining agent and agrees to represent all employees in the
bargaining unit without discrimination, interference, restraint or coercion.
8.2 Neither the City nor the Union shall discriminate against any applicant or
employee on the basis of race, religion, creed, sex, age, marital status, sexual
orientation, or sensory, mental or physical disabilities.
ARTICLE 9 - DUES CHECK OFF
R.C.W. 41.56.110 is as follows: "Upon the written authorization of any public employee
within the bargaining unit and after the certification or recognition of such bargaining
representatives, the City shall deduct from the pay of such public employee the monthly
amount as certified by the secretary of the exclusive bargaining representative and shall
transmit the same to the treasurer of the exclusive bargaining representative".
ARTICLE 10 - GRIEVANCE PROCEDURE
10.1 Grievances or disputes, which may arise, shall be settled in the following
manner:
10.1.1 Level 1. An aggrieved employee or the Union shall submit a written
grievance to his/her Department Head within ten working days of its
occurrence, or within ten working days of the date on which the
employee or Union first discovered it. Within ten working days of
receiving the grievance, the Department Head shall investigate the
grievance and provide a written answer to the aggrieved
employee/Union.
10.1.2 Level 2. If the aggrieved employee or the Union is not satisfied with
the Department Head's written answer, the aggrieved must submit
a written grievance to the Mayor within ten working days. Within
ten working days of receiving the grievance, a meeting will be held
between the Mayor, the employee, and the Union to try and resolve
the grievance. Within ten working days following the meeting the
Mayor, must provide a written answer to the Union.
10.1.3 Arbitration. Within fifteen working days of the aggrieved employee
and the Union receiving the Mayor's written answer, the Union may
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
request independent arbitration of the matter. The Union shall
present its request to the City by personal service or by mail.
The Union and the City shall attempt to agree upon an Arbitrator. If
the City and the Union cannot agree upon an Arbitrator within ten
working days after notice to arbitrate is given, then either party may
request the Washington State Public Employment Relations
Commission to provide a list of seven arbitrators from which the
parties may select one person. The representatives of the City and
Union shall alternately eliminate one name from the list until only
one remains. The parties shall flip a coin to determine who will be
the first to eliminate a name from the list. Each will alternately
strike one of the names until only one name remains, which will
serve as the arbitrator.
In conducting the hearing, the Arbitrator has the power to
administer oaths, issue subpoenas, receive relevant evidence,
compel the production of books and papers relevant to the hearing,
and question witnesses.
The decision of the Arbitrator is final and binding upon the parties to
the grievance provided the decision does not involve action by the
City which is beyond its jurisdiction nor shall the decision have the
authority to amend, alter or modify this Agreement, and its terms
shall be limited to the interpretation and application of this
Agreement.
Expenses for the Arbitrator's service and the proceedings shall be
borne completely by the party who received the unfavorable
decision. However, each party shall be responsible for
compensating its own representative, attorneys, and witnesses in
any case. The findings of the Arbitrator shall be certified in writing
to the Mayor and shall be forthwith enforced. If a mixed decision
the Arbitrator shall determine which party shall bear the expenses
of arbitration.
10.2 The Union and the City may mutually agree to change the above time limits.
10.3 As used in Article 10 "Working Day" means Monday through Friday and excludes
Saturdays, Sundays and holidays.
Hall.
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 11- SENIORITY AND LAYOFF PROCEDURES
11.1 Seniority means an employee's length of continuous service within the bargaining
unit.
a. The City shall post a current seniority list on a quarterly basis and shall
provide a copy of the seniority list to the Union. The employee will notify
the City within 30 days after posting the seniority list of any error on the
list.
b. Employees on an authorized Washington State Industrial Insurance claim
for an on-the-job injury or illness shall continue to earn seniority during the
term of the claim.
11.2 All employees will be classified as regular status employees upon completion of
the probation period and will receive the wages, benefits and working conditions
outlined by the Agreement for employees in that classification.
11.3 An employee's continuous service record shall be broken by voluntary
resignation, layoff for a period of one year, discharge for just cause and
retirement. During a layoff period, an employee will not accrue seniority,
vacation leave or sick leave. However, if an employee is recalled within one
year, they will not lose seniority; and their sick leave balance if not previously
cashed out will be reinstated.
11.4 During the probationary period a new employee:
(a) will not have seniority or other job rights;
(b) may be laid off or terminated at the discretion of the City;
(c) will be evaluated by the Department Director;
(d) will not be granted an extension of probationary period except as
provided in Article 7.7, and Article 12.2.
11.5 When and if it becomes necessary to layoff any employee or employees, the last
person hired in a particular position or job classification shall be the first laid off,
and the last person laid off shall be the first person hired. No employee has the
right to bump another employee from a position.
11.5.1 All temporary and probationary employees shall be laid off first in the order stated
prior to any regular full-time or part-time employee being laid off. All regular full-
time or part-time employees will be reinstated before hiring temporary or
probationary employees. Per 11.3, the prohibition on hiring
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
temps will expire either 1) one year from the initial layoff(s), or 2) upon the
reinstatement of laid off employee(s) in the prior 12 months.
11.5.1.a In the event of a reduction in force, the City shall notify both
the affected employee(s) and the Union two months in
advance of the effective date.
11.5.1.b Employees designated for layoff are eligible for promotion,
transfer, or demotion into any open position in any other
classification for which they meet the minimum qualifications.
The City shall make every reasonable effort to accomplish
layoffs through attrition. Prior to opening a position to the
public, any laid off employee(s) shall be given first
consideration.
11.5.1.c The City will notify all laid off employee(s) of all job openings
within the City for the 12 month recall period by e-mail or
certified mail, return receipt requested, to the last e-mail or
address of record. It is the employee's responsibility to keep
the City advised of any change in his or her e-mail or
address.
11.5.1.d Employees on layoff who have been offered reemployment
and who fail to acknowledge availability for work within (14)
work days after receipt of notice shall be removed from the
reinstatement list.
11.6 If an employee with the greatest amount of seniority does not elect to accept an
available position with a higher rating, then the next employee in rank of seniority
and qualifications shall be eligible. If the seniority list shall becomes exhausted,
then the City may offer the available position to an employee with less than six
months of service, or the City may hire a new employee.
11.7 In the event of a question as to the capabilities of an employee bidding for a
position of a higher qualification, the City shall make the decision based on past
performance and ability. Any disagreement will be handled through the
grievance procedure in Article 10.
ARTICLE 12 - JOB POSTING
12.1 When a vacancy occurs in a job classification covered by this Agreement, and if
the City has authorized it to be refilled, the posting shall be posted by the City
and filled as follows:
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
a The City shall post a vacancy for five working days in all City
departments. The City shall send a copy of the posting to the Union.
b In filling a vacancy, the City shall consider the following factors:
1. Ability to perform the essential functions of the job;
2. Qualifications;
3. Seniority within the division;
4. Seniority within the City.
12.2 Any promotion or City directed transfer is considered temporary for a
probationary period of 30 calendar days. During the probationary period, if the
City or if the employee decides he/she is unsuited for the job, then the employee
will revert to his/her former position, classification and salary rate. By mutual
agreement, the City and the Union may extend the probationary period for 30
additional calendar days.
12.3 If an employee accepts a job change due to promotion, voluntary demotion or
voluntary transfer, and in spite of conscientious effort fails to meet job standards
or decides he/she does not want to continue in the position within the 30 day trial
period, then he/she will revert to his/her former position without prejudice on the
part of either party. The provisions of this article do not apply to job changes
involving demotions or in cases of job changes resulting from layoff situations.
ARTICLE 13 - HOURS OF WORK
13.1 Work Schedule/Shifts. All employees will have a designated work schedule/shift
with an established starting time and quitting time. Work schedules/shifts shall be
posted on the bulletin board.
13.2 Workday. A workday is a fixed and regularly reoccurring period of 24 hours.
13.3 Workweek. A workweek is a fixed and regularly recurring period of one hundred
sixty-eight hours or seven consecutive twenty -four-hour periods.
13.4 Adjustment of Workinq Hours. Temporary adjustments in the normal working
hours of the employees for the convenience of the City and the employees do not
conflict with this Agreement. Prior to any temporary adjustment, discussions
shall be held with the employee(s) and their representative(s). There shall be a
minimum of two week's notice given prior to temporary such changes being
made except for emergency conditions or unless all involved employees waive
the two week's notice.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
13.5 Temporary Shift Changes. When necessary for maintaining the continuity of
delivery of City services, the City may assign temporary shift changes at any
time. In cases when three days advance notice of a temporary shift change is
provided, "Call Back Pay" in 14.3 will not prevail. If employees in the same job
group/classification are in agreement with the City for a temporary shift change,
then they may waive the three day notice and "Call Back Pay" in 14.3 will not
prevail.
13.6 Rest Period. The City will allow a fifteen minute rest period to all regular
employees for each four hour work. Whenever feasible, the City should allow the
rest period to occur in the middle of each four hour work period.
13.7 Personal Clean -Up Time. The Department Director and/or designee shall have
sole discretion over the need for, amount of, and duration of personal clean-up
time, if any, to be made available to the employees in their department. Personal
clean-up time may be made available to individual employees, teams, sections,
divisions or other work groups, and/or the department as a whole upon the sole
discretion of the Department Director and/or designee concerned.
13.8 Call Back. This section addresses Call Back compensation to an employee who
comes to work during off -duty hours to perform unforeseen or emergency duties.
This provision allows the employee freedom to attend to his/her personal
interests while still having the ability to respond. Compensation begins the
moment an employee arrives at City Hall. For Public Works personnel such
compensation continues until the City service vehicle is returned to the shop and
the employee cleans up to return home.
An employee called back to work other than during his/her scheduled work shift
shall be paid a minimum of two hours pay at the time and one-half (1 Y2)
provisions contained in Sections 14.2 below. Time worked beyond the 2-hour
minimum shall be paid at the overtime rate.
A Called -Back employee will be responsible for driving his/her own vehicle to the
city shop to pick up a service vehicle before responding to an emergency. No
mileage will be paid to employees for use of a personal vehicle to travel between
home and work.
ARTICLE 14 - OVERTIME PAY
14.1 Employees covered by this Agreement are entitled to overtime pay for time
worked in excess of 40 hour per workweek. For time worked in excess of 40
hours per workweek, the City shall compensate the employee at one -and -one-
half times the employee's regular rate of pay.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
14.2 All work performed in a workweek will include authorized vacation, sick leave and
compensatory time off.
14.3 Employees will have the option of receiving overtime payment at the rate of one -
and -one-half for overtime hours worked, or they may request compensatory time
off at the time one -and -one-half rate in lieu of receiving overtime pay. The City
may not require an employee to select the compensatory time off option.
Compensatory time will be cashed out by November 30th of each year. An
employee may use vacation leave prior to taking compensatory time.
14.4 While the employee's preference to work or not work overtime will be given due
consideration, the essential nature of City services shall be considered the
compelling factor. Overtime work shall be distributed as equitably as possible, in
order of rotation within a job group/classification.
14.5 Overtime rates shall not be paid more than once for the same hours worked. (All
overtime must have the authorization of the Department Director or designee if
compensation therefore is to be effected.)
14.6 Overtime or Call Back Pay shall not prevail if it is a result of adjustment in
working hours as provided for in 13.4 or 13.2.
14.7 An employee may not use compensatory time during any scheduled work period
that results in earning overtime, holiday pay or additional compensatory time.
ARTICLE 15 - ADMINISTRATIVE POLICY - SALARIES
15.1 Payment of Salaries. The City will pay the salaries and wages of employees
covered by this Agreement on or before the fifth of each month. In the event that
payday falls on a holiday, the paychecks shall be made available on the
preceding day.
15.2 Salary Schedules. All regular, full-time, and part-time employees covered by this
Agreement shall be compensated according to the salary ranges assigned to the
respective classifications in Appendix "A" attached to and considered a part of
this Agreement, and the regulations for salary administration contained in this
article.
15.3 Administration of Salaries. The salaries for employees covered by this
Agreement will be administered in accordance with the following guidelines:
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
15.4 Salary Rate Upon Initial Employment:
a. Upon initial employment, the entrance rate shall normally be the minimum
rate of the range for the class of the position involved. In cases where the
City believes the circumstances warrant entrance at a rate above the
minimum rate, not to exceed Step three (3) of the salary range, this action
may be authorized.
b. In cases where an employee enters the service in a "trainee capacity", the
hiring rate will be reduced by five percent for a maximum of a one year
period of anticipated training required to reach fully qualified performance.
15.5 Employees shall move through the steps
the terms and provisions of this contract.
regular one step increase during the cou
See Appendix B.
15.6 Salary Rate Upon Promotion:
of the salary schedule in accord with
No employee shall receive more than a
rse of any 12 months of employment.
(a) Upon promotion to a position of a higher classification, the new salary rate
shall be the minimum rate (first step) within the new classification, which will
represent an increase within the new wage range for the employee.
Consideration may be given by the City to promote an employee to a step in
the new classification higher than the minimum step as defined in this
paragraph if the qualifications of the employee warrant such a circumstance.
The provisions of this paragraph do not apply in cases where employees are
promoted in a "trainee" capacity. Promotions shall be subject to the 30 day
probationary period as outlined in Section 12.2.
(b) In cases where an employee is promoted to a higher classification in a
"trainee" capacity, his/her salary will remain unchanged (except for changes
to the pay plan overall) until such time as the employee successfully
completes the required training, which will not be less than six months but not
more than a year. The employee may opt to return to his/her original
classification/ position during this period of time, and the City may return the
employee to his/her original classification/position during this period of time if
the training is not resulting in the employee's successfully qualifying for the
new position. When the trainee's Department Director determines that the
prescribed training has been successfully completed, and upon the
Department Director's recommendation, the employee's shall be at the rate
for the higher classification set forth in Appendix A.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
15.7 Salary Rate Upon Demotion: Upon demotion due to lack of work or layoff, or at
the request of the employee, the new salary rate shall be the same step in the
salary range assigned to the lower classification.
15.8 Job Classification Changes and New Positions:
a. The position classifications as listed in Appendix "A" shall be maintained in
such a way as to accurately reflect the nature and appropriate
compensation for the work performed in the job class.
b. If the City creates a new job classification, the City shall notify the Union
concerning the proposed rate of pay and rationales for the new position.
The Union may request that the City negotiate the wage rate. Nothing
shall prevent the City from hiring an employee pending the outcome of
negotiations.
C. For the purpose of negotiations, reclassifications, and establishing rates
for new positions, the parties herewith recognize that the City and the
Union will consider local labor market and comparable cities' wage and
benefit rates as relevant criteria for presenting proposals.
15.9 Wages
The rates of pay for employees are set forth in Appendix "A" which by this
reference is incorporated as if fully set forth herein.
Effective January 1, 2011, the rates of pay for employees are set forth in
Appendix "A". At the beginning of each calendar year, the City shall adjust the
wages as set forth below.
Effective January 1, 2012, wages in Appendix A will be increased by 100% of the
U.S. Consumer price Index U.S. City Average Urban Wage Earners and Clerical
Worker (CPI-W) September to September statistics for the preceding twelve
months with no less than 1 % and no more than 3%.
Effective January 1, 2013, wages in Appendix A will be increased by 100% of the
U.S. Consumer price Index U.S. City Average Urban Wage Earners and Clerical
Worker (CPI-W) September to September statistics for the preceding twelve
months with no less than 1 % and no more than 3%.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 16 - SPECIAL COMPENSATION PROVISIONS
16.1 Salary When Working Out of Classification. Employee(s) assigned to fill a
vacancy in a higher level classification for a period of two days or more within
one work week, or a period of five days or more within any calendar month, will
receive a five percent increase for such hours worked. This five percent increase
will be retroactively paid to the first day of such assigned work and continue until
the assigned work at the higher classification ceases.
16.2 Longevity Pay. Employees shall receive longevity pay based on the continuous
length of service from the last date of hire. Longevity pay shall be in addition to
the employee's base rate of pay as follows:
After 5 or more years of service, 1 % per month
After 10 or more years of service, 2% per month
After 15 or more years of service, 3% per month
After 20 or more years of service, 4% per month
After 25 or more years of service, 5% per month
After 30 or more years of service, 6% per month
Longevity pay shall begin on the employee's anniversary date, pro -rated for the
month, and paid on the 5th of the following month. For example, an employee
whose anniversary is September 18 would be paid 18/30ths of the longevity
increase.
16.3 Special licences, certificates, etc. The City shall pay the applicable fees for
renewing special licenses, certificates, etc. if such is required to be maintained as
a condition of employment with the City.
16.4 Education Incentive Pay. Employees, who have worked a minimum of 1,250
hours for the City, will be eligible to be paid an educational incentive stipend for a
job -related degree, in accordance with the following schedule:
AA degree: One and one-half percent of the employee's base
monthly salary.
BA, BS degree: ee: Three percent of the employee's base monthly salary.
MA, MS degree: Five percent of the employee's base monthly salary.
All degrees considered for education incentive pay must be completed
while employed with the City and without any financial assistance from the
City. Employees who receive tuition reimbursement under Section 22.10
or Section 22.11 will not be eligible to receive education incentive pay.
Requests for education incentive pay must be received within six months
of completing the degree. No retroactive pay increases will be granted for
degrees completed prior to initial placement in current position.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 17 - HOLIDAYS
17.1 Holidays. The City shall recognize the following days as paid holidays for
regular, full and part-time employees covered by this Agreement.
New Year's Day (January 1)
Martin Luther King Day (Third Monday of January)
Presidents' Day (Third Monday of February)
Memorial Day (Last Monday of May)
Fourth of July
Labor Day (First Monday in September)
Veterans' Day (November 11)
Thanksgiving Day (Fourth Thursday in November)
Day after Thanksgiving
Christmas Day (December 25th)
One Floating Holiday mutually agreed to in advance by the City and
Employee (One additional holiday will be added for the year 2011 only).
17.2 To be eligible for holiday pay, the employee must work his/her scheduled
workday before and after the paid holiday, unless he/she is on an excused
absence.
17.3 Holiday Pay. Eligible employees shall receive one day's pay at their regular
hourly rate for each of the holidays listed above on which they perform no work.
17.4 When any of the above -named holidays occur on a normal business day
(Monday through Friday), eligible employees, with the exception of continuous
operation and essential personnel, will be granted time off duty.
17.5 Weekend Holidays. When any day observed as a holiday by the City falls on a
Sunday, the following Monday will be observed as a regular holiday. When any
of the above -recognized holidays fall on a Saturday, the holiday will be observed
on the proceeding Friday.
17.6 The above policy is applicable for employees on a five (5) day,
Monday -through -Friday, schedule.
17.7 For employees on a schedule other than a Monday -through -Friday workweek,
the following will apply.
a. When a holiday observed by the City falls on an employee's first day of
rest, the preceding day shall be recognized as his/her holiday.
b. When a holiday observed by the City falls on an employee's second day of
rest, the following day shall be recognized as his/her holiday.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
C. If the employee is required to work on his/her holiday as outlined in 17.5,
17.6 and 17.7 (a) and (b) above, due to essential operations, he/she will
be compensated for that day as outlined in the following Section 17.8.
17.8 All regular employees covered by this Agreement shall be compensated at one
and one-half times their regular hourly rate for all hours worked on the holiday in
addition to their holiday pay at their regular hourly rate.
17.9 Regular Part-time employees shall be paid for hours worked on the holiday on a
prorated basis.
ARTICLE 18 - VACATIONS
18.1 Vacation leave shall accrue for regular full-time employees under the following
schedule:
Years of Employment
0 — 4 years
5 — 9 years
10 — 14 years
15 — 19 years
20 — 24 years
25 + years
Vacation Hours Earned
8 hours / month
10.00 hours / month
12.67 hours / month
14 hours / month
15.33 hours / month
17.33 hours / month
18.2 Vacation leave with pay computed at the same rate according to the time actually
worked shall also be allowed to eligible regular part-time employees.
18.3 Vacation leave is initially earned by an employee of the City at the rate as listed
above for each month of completed service. Vacation leave is not available to
the employee until he/she has completed six consecutive months of employment.
Vacation leave shall be computed on a monthly basis provided that, when the
rate of accrual of vacation leave is to increase, such increase will occur in the
month following the date in which that employee completes the required time in
service which qualifies the employee for the increased vacation leave. A rehired
employee shall be considered a new employee and must also have six (6)
months of continuous employment.
18.4 Any portion or the entire annual vacation leave earned prior to but not including
the current calendar month is available for use by the employee.
18.5 Two hundred forty hours is the maximum number of Vacation leave hours an
employee may carry over from December 31 of one year to January of the next
year. Days not carried over shall be lost.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
18.6 All accumulated vacation leave is allowed when an employee of more than six
months' employment leaves the City employment for any reason. In case of
death, all accumulated vacation leave is paid to the estate of the employee. All
payments as to unused vacation leave are based on the employee's salary at the
time of separation or death; provided, however, that upon such termination of
employment, including death, vacation leave shall not exceed payment for (240)
hours.
18.7 All regular employees covered by this Agreement are expected to utilize a
minimum of forty (40) hours of vacation leave each year.
(1) Employees may use vacation time in increments as small as one hour.
Each department shall develop a method for determining vacations, which
shall provide for flexibility to the employee and avoid scheduling problems
for the City.
(2) In the event that scheduling problems preclude two or more employees
from taking vacation at the same time, the senior employee will receive
preference, provided that if the junior employee has a scheduled vacation
approved, a senior employee cannot displace that vacation within the last
month prior to the start of the vacation. (Note: this section may be waived
by the departmental policy described in (1) above upon mutual consent of
the City and the Union).
(3) An employee shall submit leave requests to his/her department head at
least two weeks before he/she intends to take vacation leave that he/she
expects to last more than one day. Emergency leave may be requested
by the employee as needed.
(4) The City may not unreasonably withhold approval of vacation leave.
Examples of conditions where vacation may be appropriately denied
include reasonable work -force requirements or insufficient notice. The
City will acknowledge the employee's request within four hours of
receiving the request. The City is required to give an approval or denial in
a timely manner.
18.8 Holiday During Vacation Leave. Should an employee be on authorized vacation
when a holiday occurs, such holiday shall not be charged against vacation leave.
ARTICLE 19 - SICK LEAVE
19.1 Regular employees covered by this Agreement accumulate sick leave at the rate
of eight hours for one full month's service. 960 hours is the maximum number of
sick leave hours an employee may carry over from December 31 of one year to
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
January of the next year. Hours not used or not carried over shall be cashed out
at the employee's current rate of pay at the time of this payout into a VEBA
account in the name of the employee.
19.2 Sick leave shall be granted for the following reasons:
a. Personal illness or physical incapacity of the employee resulting from
causes beyond the employee's control.
b. Enforced quarantine of the employee in accordance with community
health regulations.
C. Doctor or dental appointments.
d. Serious illness, or injury in the employee's immediate family requiring the
attendance of the employee
19.3 When an employee goes on sick leave, they must notify their supervisor
immediately. Failure to do so may result in denial of sick leave pay. To receive
sick leave pay in excess of three working days, the City may require a statement
from a health care provider or a physician certifying that the employee's
conditions prevented him or her from performing the duties of his or her position.
In addition, the City may require an employee to present a certified statement
from a health care provider or a physician's statement for sick leave taken under
three (3) days. Failure to present such a statement disqualifies the employee for
sick leave allowance and may result in disciplinary action.
19.4 Employees may use sick leave in increments as small as one-half hour.
Holidays and other regular days off shall not be charged against sick leave.
19.5 If an employee is discharged for cause, his or her sick leave balance expires. If
an employee, who has worked for the City for a least five years of continuous
service, is separated from employment for reasons other than cause, the City
shall compensate the employee in the form of cash or payment of medical
premiums (at the employee's choice) for (25%) of all accumulated unused sick
leave up to a maximum of 960 hours. If an employee is separated from
employment due to death, the City will make payment to the employee's estate
upon receiving notice from a court -appointed personal representative.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 20 - ADJUSTMENT FOR WORKMEN'S COMPENSATION
20.1 For a period of absence from work due to injury or occupational disease resulting
from employment, the employee shall file an application for Workmen's
Compensation in accordance with State Law. To ensure prompt enrollment for
benefits, employees must report work related illness or injury 1) to their
immediate supervisor, and 2) to the health care provider and request the official
Workman's Compensation form at the time of treatment. The City's preference is
for employees to see treatment at the Wenatchee Valley Clinic Occupational
Health Department.
20.2 If the employee has accumulated sick or vacation leave credit, the City shall pay
the difference between time loss compensation and full regular salary unless the
employee elects not to utilize sick leave. Deductions will be made from sick
leave first and then vacation leave.
20.3 Should an employee receive Workers' Compensation for time loss and use their
leave bank they must sign their L&I time loss check over to the City and turn it
into payroll. Payroll will then credit their leave bank for the time the employee
bought back with the L&I check. The buy back is calculated by dividing the L&I
time loss check by the employee's hourly rate and rounding to the nearest hour.
If the employee took leave for the same period they were paid time loss and does
not turn the time loss check into payroll the employee's pay will be reduced by
the amount of the L&I time loss check.
20.4 Until eligibility for Workers' Compensation is determined by the Department of
Labor and Industries, the City may pay full sick leave. The employee shall return
any subsequent overpayment to the City (through the payroll division) and such
sick leave shall be credited to the employee in the amount covered by the
overpayment.
20.5 Should any employee apply for Industrial Insurance time loss compensation and
in the event that this claim is denied, sick leave and vacation leave may be used
for such absence.
20.6 Nothing herein pertains to permanent disability award.
20.7 In an effort to reduce L&I claim costs and to assist employees to return to work,
the City may exercise the right to offer light duty work. Consideration will be
identification of meaningful light -duty assignments. The analysis will include
consultation with the healthcare provider, L&I personnel, the employee and the
approval of management.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 21 - OTHER LEAVES
21.1 Leave Absence. At its discretion, the City may grant a leave of absence without
pay.
21.2 Military Service. Any employee who is a member of a reserve force of the
United States, or of this State, and who is ordered by the appropriate authorities
to attend a training program, or perform other duties under the supervision of the
United States, or this State, shall be granted a leave of absence during the
period of such activity. The same shall apply to employees who serve the United
States as a result of the Selective Service Act.
21.3 Jury Duty. The City encourages employees to serve on jury duty when they
receive a summons. Employees summoned for jury duty shall suffer no loss of
pay. Employees called during the day shall report immediately by phone to their
supervisor for instructions as to whether to report for work during the remainder
of the workday. Employees shall maintain their regular pay during such leave
with no charges to their vacation bank. The employee is entitled to keep
reimbursement for mileage expenses paid by the court and any other payments
for jury service.
21.4 Educational Leave. Educational leave shall be administered in accordance with
personnel policies and regulations established by the City.
21.5 Leave for Pregnancy Disability and Family Medical Leave shall be granted in
accordance with State and Federal laws. Determining Leave of Availability,
FMLA is available for up to 12 weeks during a 12 month period. For purposes of
calculating leave availability; the 12 month period is calendar year January 1 to
December 31.
21.6 Bereavement Leave shall be granted in the event of death in the employee's
immediate family requiring the attendance of the employee (funerals are
included). Leave for such reason shall be limited to five (5) days in any one
instance.
ARTICLE 22 - GENERAL PROVISIONS
22.1 Union Business. The City agrees that accredited representatives of Washington
State Council of County and City Employees, whether local or international
representatives, shall have reasonable access to the premises of the City at any
time during working hours with prior approval of Management, for the purpose of
administering the Agreement, negotiation of new contractual items, or
investigating problems when such investigations may forestall grievances or
disputes. Other matters of mutual concern shall be brought to the
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
labor-management meetings for the purpose of discussing an acceptable method
to solve each problem. For all items in this section union employees will give a
three day written notice to their immediate supervisor for approval for scheduled
absence.
22.2 Union Business Bulletin Board. The City agrees to furnish space for the Union
to install and maintain suitable bulletin boards by the Union. Material deemed to
be offensive to the City or the morale of the employees shall not be permitted. It
is specifically understood that no notice of a discriminatory or political nature, nor
notice that would be offensive to a reasonable person shall be posted.
22.3 Union Business Leave. The City shall afford the Union's negotiating committee
members reasonable time off with pay, to conduct union business during working
hours, provided that such time does not interfere with City operations (see 22.1
regarding notification to the immediate supervisor).
22.4 Union Stewards. Within one calendar week of selecting a Union steward or other
Union representatives who may represent employees, the Union shall provide
the City with written certification of the selection.
22.5 New and Terminated Employees. A designated Union officer may inquire and
may be given the names of all new eligible bargaining unit employees who are
hired or terminated during the month.
22.6 Labor Management Meetings. The parties mutually agree that the Negotiating
Committees for the Union and the City shall conduct regular labor/management
meetings for the purpose of resolving problems that may arise. Safety items shall
be included as eligible topics for discussion in labor/management meetings.
Meetings shall be scheduled by mutual agreement (see 22.1 regarding
scheduling).
22.7 Printing of the Labor Agreement. The City shall post a copy of this Agreement on
its website. The Union shall bear its own costs in producing contract copies it
wishes to make.
22.8 Uniforms and Protective Clothing. The City agrees to supply the necessary
safety equipment as required by Washington State Labor and Industries safety
regulations and as administered by the City Safety Committee.
22.8.a The City will provide and the employee shall take all necessary training for
the proper use and maintenance of such special equipment as determined
by the City or required by law.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
22.9 On -Call Incentive. If the City requires an employee to carry an electronic device
(beeper/radio/pager) which may result in a need to respond to the workplace
outside of normal working hours, the City will grant said employee eight (8) hours
of leave, or ten (10) hours of straight time pay for every seven (7) days on which
the device is required to be carried. In addition, any employee required to carry
such a device on a holiday will be granted four (4) additional hours of leave or
five (5) hours of straight time pay in addition to his/her normal incentive for carry
the electronic device. Such leave days will be scheduled by the City and the
employee such that normal operations of the department are not disrupted.
This incentive is not intended to reflect compensable work, but rather to cover the
inconvenience of carrying a beeper/radio/pager.
In the event an employee cannot carry the electronic device for seven (7) days
consecutively that employee shall be paid one point one four (1.14) hours of
leave or one point four three (1.43) hours of straight time pay at his/her scale for
each day carried. It is the responsibility of the employee to notify the supervisor
if they are not able to be on -call.
22.10 Payment of Tuition. The City shall pay the cost of tuition for all courses the City
requires an employee to attend.
22.11 For the courses the City does not require an employee to attend, the City will
reimburse employees for the tuition cost of course if all of the following conditions
are met:
22.11.a The Mayor determines that the City has the financial capability to
pay for the cost of tuition.
22.11.b The Mayor determines, in advance of enrollment, that the proposed
course that directly applies to the employee's job.
22.11.c The proposed course is accredited by the Northwest Commission
on Colleges and Universities.
22.11.d Payment shall occur when the employee provides a transcript,
certification or some other document showing that he/she has
successfully completed the course and received a passing grade of
B or better, provided that the City shall not pay more than $200 per
credit hour.
Upon termination of employment, voluntary or involuntary, an
employee must repay any tuition reimbursement the employee
received from the City during the preceding two years. The Union
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
agreed that any sum due the City may be withheld from the
employee's last paycheck.
22.12 No Pyramiding. There shall be no pyramiding of overtime pay or other premium
wages, including call back pay under this Agreement. Nothing in this Agreement
shall be construed to require the payment of overtime or other premium pay more
than once for the same hours worked.
22.13 Progressive Discipline. As defined in Article 7.14, the City may immediately
discharge or suspend any employee for just cause, In all other cases, the City
may not discharged or suspended unless a written warning notice shall
previously have been given to such employee of a complaint against that person
concerning his/her work or conduct.
Any employee may request an investigation of his discharge or suspension or
any warning notice, and the Union shall have the right to protest any such
discharge, suspension or warning notice. Any such protest shall be presented to
the City in writing within ten working days after the discharge, suspension or
warning notice; if not presented within such period; the right of protest shall be
waived. A copy of such protest shall be given to the City and be referred
immediately to the Grievance Procedure article of this Agreement. The City shall
give to a discharged employee a written notice of termination stating reasons for
termination and at the same time send a copy to the local union involved.
Although the steps of progressive discipline (as outlined below) shall generally be
followed, exceptions and deviations may occur when circumstances warrant
progressive steps to be skipped. Disciplinary actions or measures may include
the following:
a. oral reprimand c. suspension
b. written reprimand d. discharge
Any disciplinary action or measure taken against a regular employee shall be
processed as a grievance through the regular grievance procedure.
The employee and the Union shall be notified in writing that an employee has
been disciplined. Employees shall have the right to request that any irrelevant,
corrected, or insignificant items in their personnel files be reviewed by the City for
removal.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 23 - HEALTH AND WELFARE
23.1 Group Insurance - Health and Welfare. The City will maintain a group
Medical/Dental/Vision/Long Term Disability (LTD) and shall pay the full premium
for all eligible employee covered by this agreement.
23.2 Eligible employees covered by this Agreement may obtain coverage for their
eligible dependents under the City's Group Medical/Dental/Vision Insurance
Program. The City will pay the entire cost for one dependent and 50% of the
premiums for all additional dependents. Premiums are subject to change. The
City will notify the Union President and Staff Representative of any premium
changes as soon as the City is made aware.
23.3 Should a change in the carrier currently providing group insurance coverage
become necessary or desirable during the life of this Agreement, the City agrees
that it will evaluate alternative carriers and/or insurance packages in determining
what group insurance coverage will be provided, and will make a good -faith effort
to provide the bargaining unit as a whole with benefits that are substantially
similar to those currently in effect.
23.4 The City agrees to representation and participation by one designated Union
representatives to review medical insurance policies, proposed changes
regarding coverage, etc., and shall notify such representatives of meetings held
by the City Council for such purpose.
ARTICLE 24- DRUG TESTING
24.1 Purpose. The city has a strong commitment to provide a safe environment for its
employees and to establish programs promoting high standards of employee
health and safety. Consistent with that commitment this Agreement establishes
propitiations regarding alcohol and controlled substances and the right of the City
to screen or test employees to determine the presence of alcohol and /or
controlled substance when engaged in work for the City.
24.2 Prohibition Regarding Alcohol and/or Controlled Substances.
a. Reporting for work under the influence of alcohol or illegal drugs, or the
unauthorized use , sale transfer or possession of alcohol , drugs controlled
substances and/or "mood altering" substances (except the possession or
use of prescribed medication, verifiable by a current , properly issued
prescription), or any other substance which impairs or may impair an
employee's job performance or poses or may pose a hazard to the safety
and welfare of the employee, the public or other employees during work
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
hours( including meal and rest periods), on or off City property, in City
vehicles, or in personal vehicles while conducting City business is strictly
prohibited. Violation of this section of the Agreement is just cause for
immediate discharge.
b. An employee utilizing prescribed and/or "over the counter" medication(s)
that could adversely affect job safety or performance must immediately
report that fact to the employee's supervisor. Knowledge of cautions and
warnings printed on the medication container label are the sole
responsibility of the employee. The City may, at its sole discretion , consult
with the employee's attending physician concerning the affects a
substance may have on that employee. In the event the employee does
notify his/her supervisor immediately upon reporting to work of the fact
that such medication is being or will be taken, but does not immediately
submit a physician's release, the City may determine that the effects of
any over-the-counter or prescription medication may, under the
circumstances, impair the employee's ability to safely, properly, and
effectively perform the employee's duties and may decline to permit the
employee to work until the effects of the medication subside to an
acceptable level. In cases where the employee is instructed by the City to
remain off work due to the possible side -effects of over-the-counter or
prescription medication, the employee may utilize earned, but unused sick
leave benefits in accordance with the City's existing sick leave policy.
Violation of this Section of the Agreement will result in disciplinary action,
including termination.
24.3 Random Testing The City may conduct random testing up to one time per
calendar quarter.
24.4 Current Employee Substance Abuse Testing. In addition to paragraph 24.3
the City may implement the applicable substance abuse testing procedures
outlined below if one (1) of the events occur:
a. Management personnel concludes through objective observation.
investigation and evaluation that an employee is under the influence or
impaired by the use of alcohol, drugs and/or controlled substance;
b. Where an Employee is involved in any accident due to the action,
inaction or inattention of the employee;
C. Where the City receives reliable information based upon personal
knowledge of an individual, including but not limited to other employees of
the City, the medical community, or law enforcement personnel, of
involvement by the employee with alcohol and/or controlled substance.
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Local 846-W - City or East Wenatchee
January 1, 2011 through December 31, 2013
All relevant facts pertaining to an investigation conducted pursuant to the above
provisions will be documented in writing and preserved for future reference by
the City and the Union. An employee who refuses to submit to alcohol and drug
testing will be subject to immediate disciplinary action, including, without, limited,
suspension and/or termination.
24.5 Substance Abuse Testing Procedures.
a. The City will transport the suspected employee to a pre -determined
testing facility.
b. The employee will be requested to submit to the testing procedures. The
employee has the right to refuse to submit to the tests; however, refusal to
submit to the tests will be grounds for discharge.
C. The employee will provide a urine sample, a blood sample or breath
sample, as required by the City. The urine sample will be provided for
analysis to determine the amount, if any, contained in the employee's
urine of all substances listed in the paragraph (f) below. The blood or
breath sample will be provided for analysis to determine the amount, if
any, of ethyl alcohol contained in the employee's blood or breath. The
blood or urine samples will be analyzed by an NIDA approved laboratory.
The breath sample will be analyzed by certified law enforcement
personnel or medical facility.
d. Collection of the specimens will be under the direction of qualified medical
or law enforcement personnel. Collection of the specimens will take place
as soon as possible following the observation, accident or incident. The
employee will cooperate fully in the collection of the specimens.
Employee tampering with the specimens or refusal to submit to the test
within a reasonable period of time shall result in discharge. If the
employee is physically unable to provide a urine sample, a blood sample
will be provided, which will be analyzed by the laboratory to determine if
any of those substances listed in paragraph (f) below are present in the
employee's blood. However, within 24 hours following the drawing of the
blood sample, the employee will submit to a urine test. If the employee
fails to provide the urine sample within a 24 hour time frame, the
employee shall be subject to disciplinary measures, including termination.
e. After collection of the specimens, the employee will be transported to the
employee's residence or other safe location. The employee may be
suspended from work with pay until the test results become available and
are evaluated.
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Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
f. All specimens will be forwarded to the NIDA approved laboratory for
analysis. Strict adherence to the chain of custody requirements shall be
followed during the transportation of the specimen to the laboratory. The
laboratory will analyze the specimen for the substances listed herein. The
laboratory will perform initial screening, and if positive results occur,
confirmatory tests on the specimen. The confirmatory test shall be the
GC/MS test.
Levels. The following cutoff levels shall be used for the initial screening of
specimens to determine whether they are negative for these drugs or
classes of drugs:
Test Level (ng/ml)
Amphetamines 500
Barbiturates 300
Benzodiazepines 300
Cannabinoids 75
Cocaine metabolites 300
Methadone 300
Methaqualone 300
Opiates (Codine) 300
Opiates (Morphone) 300
Phencyclidine (PCP) 25
Propoxyphene 300
Level of the positive result for ethyl alcohol 0.04 gr/dI
All specimens identified as positive on the initial screening shall be
confirmed by GD/MS techniques at cut off levels under the rules of the
Department of Transportation (DOT) 49 CFR, Part 40, Section 40.29(f).
The laboratory will communicate the test results to the Mayor. The Mayor
will evaluate those results to determine the City's course of action.
g. Test results will be stored by the City in a secure file outside the regular
personnel files. Access to the file will be extremely restricted, only the
Mayo and employee will have access to that file. All records will be
treated in the most confidential fashion by the City and the Union.
Disclosures, without employee consent, may occur when:
(i) The information is compelled by law or judicial or administrative
process;
00 The information has been placed at issue in a formal dispute
between the City and the prospective employee;
KGJ
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
(iii) The information is needed by medical personnel for the diagnosis
or treatment of a patient who is unable to authorize disclosure.
h. All costs associated with substance abuse testing, other than an
independent analysis requested by the employee, will be paid by the City.
I, Should analysis of the specimens indicate a negative level of a substance
in an employee's system, the employee will be reinstated to the
employee's former position. All test results shall be kept in the Police
Department in accordance with 14.4(g).
j. Should analysis of the specimens indicate a positive level of a substance
in an employee's system, the City will have the following options:
(i) Discharge the employee; or
Provide the employee an opportunity to enter into a Last Chance
Agreement. The Last Chance Agreement shall require the
employee be evaluated by a qualified drug/alcohol counselor to
determine the extent of the employee's chemical dependency. If, in
the opinion of the counselor, the employee requires rehabilitation
services, and the City agrees, the employee will be placed on a
non -paid leave -of -absence for a period not to exceed 60 days and
shall enroll in and complete a certified alcohol and/or drug
rehabilitation program. An employee may use accumulated sick
leave or vacation during this 60-day period. If the employee
successfully enrolls and completes the program within 60 days, the
employee will be reinstated to the employee's former position. The
City reserves the right to approve the selection of the rehabilitation
counselor, facility and program content. Cost of the rehabilitation
program will be paid by the employee or medical insurance provider
(within contractual limitation). The employee will submit to the
Police Chief or his designee semi -weekly written progress reports
from the employee's counselor during the entire treatment program.
The employee will be reinstated to the employee's former position
when the following conditions have been met:
a. The employee has successfully completed the
treatment program: and
b. The attending counselor has formally released the
employee to return to work; and
C. The employee agrees to submit to a substance abuse
test.
30
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
During the next twelve (12) months following reinstatement, the
employee consents to be tested for the presence of alcohol, drugs
and/or controlled sub stances at any time, with or without cause.
Any subsequent violation of this Agreement will be grounds for
immediate discharge.
24.6 Self; Recognized Substance Abuse. Employees with a substance abuse
problem may notify their supervisor of their condition. For evaluation purposes, a
substance abuse test may be appropriate. If, in the opinion of a qualified
drug/alcohol counselor, the employee requires rehabilitation services, and the
City agrees, the employee will have an option to enroll in a rehabilitation program
and be subjected to the guidelines as outlined in Section 24.2 above. Any
employee who complies with the above requirements, prior to a violation of this
policy, shall be immediately granted leave without pay in accordance with
Section 24.4(G)(ii) above.
ARTICLE 25 — OUTSIDE EMPLOYMENT
Outside employment with prior approval. Employees may hold outside jobs, including
self-employment, if such employment does not: (1) result in a conflict of interest; (2)
result in work for the City; (3) result in outside work during an employee's work shift;
(4) involve the use of City equipment or supplies; (5) result in having less than one full
day off per work week; or (6) infringe on the employee's ability to fully perform their job
duties for the City. Such employment will be approved or denied within a reasonable
period of time.
ARTICLE 26 — CONTACTS WITH NEWS MEDIA
The Mayor, of his or her specific and express designee, is responsible for all official
contacts with the news media during working hours, including answering of questions
from.the media or providing information to the media. Other employees of the City shall
refrain from such official contacts.
ARTICLE 27 - SUPPLEMENTAL AGREEMENT
The parties may amend or modify this Agreement by mutual, written agreement.
Supplemental agreements thus completed shall become a part of the larger Agreement
and subject to all its provisions.
31
Local 846-W - City of East Wenatchee
January 1, 2011 through December 31, 2013
ARTICLE 28 - SAVINGS CLAUSE
In the event that any provisions of this Agreement shall at any time be made invalid by
applicable legislation, or be declared invalid by any Court of competent jurisdiction, such
action shall not invalidate the entire Agreement. It is the intention of the parties hereto
that all other provisions not made invalid shall remain in full force and effect.
ARTICLE 29 - ENTIRE AGREEMENT
All matters within the scope of bargaining have been negotiated and agreed upon.
Except as provided in Article 24, this Agreement is the entire agreement of the parties,
terminating all prior agreements, arrangements and practices, and concluding all
negotiations during the term of this Agreement.
ARTICLE 30 - STRIKES AND LOCKOUTS
30.1 Lockouts. The City shall not institute a lockout of employees during the term of
this Agreement.
30.2 Strikes. It is understood and agreed that during the term of this Agreement,
neither the Union nor any person covered hereunder shall engage in a strike,
slowdown or work stoppage against the City, nor shall the Union or any person
covered hereunder honor any picket line of any other group of City employees
who are obliged under a contractual no strike provision to refrain from strikes,
slowdowns, or work stoppages against the City.
NOTE: The remainder of this page if intentionally left blank.
32
Local 846-W - City of East Wenatchee
Ianuary 1, 2011 through December 31, 2013
ARTICLE 31 - DURATION OF AGREEMENT
This Agreement shall become effective on the first day of January 1, 2011 and continue
in full force and effect through the December 31, 2013.
IN WITNESS WHEREOF, the parties have set their hands this _ 11 day of
, 2011.
FOR THE UNION: FOR THE CITY:
J
�y
Don Boxford eve Lacy
Staff Representativ Mayor, City of East We tchee
Attorney, City of East Wenatchee
33
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City of East Wenatchee
January 1,2011 through December 31, 2013
MEMORANDUM OF AGREEMENT
Between City of East Wenatchee and
The Washington State Council of County and City Employees
AFSCME, Council 2, and Local 846-W
THIS AGREEMENT is being entered into between the City of East Wenatchee (hereinafter
referred to as the "Employer") and the Washington State Council of County and City
Employees, Council-2, Local 846-W , AFL-CIO (hereinafter referred to as the "Union").
THIS MEMORANDUM is made part of the 2011-2013 Labor Agreement between the
Employer and the Union to address the wages of William Prazer, Maintenance Worker for the
Street Department. Mr. Prazer's wages are currently above the listed wages on the 2011 Pay
Plan Appendix "A" for the Maintenance Worker position, in the amount of $3,875.00.
IT IS AGREED, by the parties to this agreement that the wages for Mr. Prazer will increase in
the years 2012 and 2013 by the same percentage as applied to the wage scale for all other
positions listed in Appendix "A", per Article 15, Section 15.9.
BE IT FURTHER AGREED that after the percentage is applied in each year, a new
Memorandum of Agreement will be executed by the above parties to reflect the new wage of
Mr. Prazer for 2012 and 2013.
BE IT FURTHER AGREED that any dispute as to the wages of Mr. Prazer or the
administration of this agreement will be subject to the grievance procedures in Article 10.
IN WITNESS WHEREOF, the parties indicate their agreement to the above terms and
conditions by their signatures set forth below.
For: City of East Wenatchee
Date:�b I Z,C71 I
For: Washington State Council of
County and gity Employees
we
I v
Title: Bqb-L-i P_(zt�,
Date: q 1 7 1)
City of East Wenatchee
January 1,2011 through December 31, 2013
MEMORANDUM OF AGREEMENT
Between City of East Wenatchee and
The Washington State Council of County and City Employees
AFSCME, Council 2, and Local 846-W
THIS AGREEMENT is being entered into between the City of East Wenatchee (hereinafter
referred to as the "Employer") and the Washington State Council of County and City
Employees, Council-2, Local 846-W , AFL-CIO (hereinafter referred to as the "Union").
THIS MEMORANDUM is made part of the 2011-2013 Labor Agreement between the
Employer and the Union to address the wages of Lennie Breckenridge, Mechanic for the Street
Department. Mr. Breckenridge's wages are currently above the listed wages on the 2011 Pay
Plan Appendix "A" for the mechanic position, in the amount of $4,416.00.
IT IS AGREED, by the parties to this agreement that the wages for Mr. Breckenridge will
increase in the years 2012 and 2013 by the same percentage as applied to the wage scale for all
other positions listed in Appendix "A", per Article 15, Section 15.9.
BE IT FURTHER AGREED that after the percentage is applied in each year, a new
Memorandum of Agreement will be executed by the above parties to reflect the new wage of
Mr. Breckenridge for 2012 and 2013.
BE IT FURTHER AGREED that any dispute as to the wages of Mr. Breckenridge or the
administration of this agreement will be subject to the grievance procedures in Article 10.
IN WITNESS WHEREOF, the parties indicate their agreement to the above terms and
conditions by their signatures set forth below.
For: City of East Wenatchee
Date:
For: Washington State Council of
County and City Employees
37
Titles - w �t�-c, ic e%A —
Date: q[ 7! 11